Gonzalez v. Zachry , 1935 Tex. App. LEXIS 781 ( 1935 )

On Motion for Rehearing.

It was stated in the original opinion that appellee impleaded appellant’s children in the suit. This was error, albeit an immaterial ■ error, and in deference to appellant’s request, we make this correction thereof.

So was it stated in the original opinion that the record shows that in the deed from appellant to Garcia the vendor’s lien was retained to secure payment of the paving debt. Appellant complains that this statement is incorrect. It was not intended to say, by that statement, that such lien was retained by express language, but that it was retained by necessary implication.

With this correction and explanation, appellant’s motion swill be overruled.